Gov. Patrick signs Taunton casino compact

Massachusetts Gov. Deval Patrick inked the deal on a casino compact with the Mashpee Wampanoag Tribe on Monday afternoon.

Marc Larocque

Massachusetts Gov. Deval Patrick inked the deal on a casino compact with the Mashpee Wampanoag Tribe on Monday afternoon.

The agreement, which calls for the Mashpee Tribe to give 21.5 percent of future gaming revenue to the state, was negotiated by the Patrick administration before it was approved by state legislators. It grants the Mashpee Wampanoag Tribe exclusive rights to develop a resort casino in southeastern Massachusetts, specifically on a site selected in Taunton near the junction of Route 24 and Route 140.

The 21.5 percent to be collected by Massachusetts is the highest figure ever negotiated in a compact between a Native American Tribe and a state.

In a phone interview with the Taunton Daily Gazette, Mashpee Wampanoag Tribal Chairman Cedric Cromwell said that many supporters of the Tribe may be held up on the high 21.5 percent number while ignoring the “historic,“ “meaningful,” and “unprecedented” concessions contained within the compact dealing with issues of tribal sovereignty. Cromwell said most important part is the provisions in the compact providing federal aboriginal fishing and hunting rights, along with land claim rights.

“In the fact that we are a landless Tribe, with no trust lands, there was no obligiation to negotiate with us,” Cromwell said. “They negotiated with good faith. ... This is a great day. We are excited about the compact. It’s a good day for the Tribe, the Commonwealth and the city of Taunton. This is a collaborative process and we are going to do great working together as a team.”

Patrick said that the compact “respects the inherent rights of the Tribe” while adhering to the principles set forth in the state’s expanding gaming legislation.

A statement from Patrick’s office says that the Tribe agreed to several provisions, including honoring the multi-million dollar intergovernmental agreement the Tribe made with Taunton, providing employees with health care benefits that meet or exceed standards set forth by state health care laws, that there will be no smoking in the gaming facility and that the newly formed Massachusetts Gaming Commission can inspect the facility and that the operation will be subject to regulations.

The compact is a 15-year term with an automatic renewal for an additional 15-year term unless either party provides notice for modification or non-renewal.

The Mashpee, however, still need to gain approval by the U.S. Department of Interior for a land into federal trust agreement before the Tribe can build its proposed $500 million casino in Taunton. The process of federal trust approval could take years, and some critics have already said that it could be rejected because of the state’s profit would be too high.

On the other hand, Cromwell said the Tribe has an ally working for them in Patrick.

“This is the first time in America that a governor has worked to get land into trust,” Cromwell said. “The governor is working with the Department of Interior to make sure the land gets into trust.”

Taunton Mayor Thomas Hoye Jr., who attended the signing of the compact in Boston on Monday, said it was “another step forward in the right direction.” He said he was “extremely pleased” that the Tribe and the governor and the Legislature was able to come to an agreement on the compact.

“This is all about economic opportunity,” he said. “This brings us a step closer to economic opportunity and employment potential for the city of Taunton and the region.”

Not all local leaders were excited with Monday’s news.

State Rep. Keiko Orrall, R-Lakeville, who also represents a portion of Taunton, said that she doesn’t believe the casino will be the economic spark plug it’s being made out to be and that there isn’t a good mitigation plan for surrounding communities.

“I don’t think it’s going to bring the revenue that it has been promised to bring,” Orrall said. “The steps haven’t been taken to determine the mitigation.”

Orrall also believes the proposed casino won’t get federal approval for land into trust, and Orrall added that she was troubled by the Tribe’s previous dealings with Middleboro.

“The 21.5 percent will be struck down because it will be deemed as a tax,” Orrall said. “The mitigation and revenues the Commonwealth believes to be realized won’t be realized.”

State Sen. Marc Pacheco, D-Taunton, has a different take.

“I think the compact itself is a fair compact,” Pacheco said. “Some recently have been saying it’s too lucrative for the Tribe. It’s not. It’s not lucrative enough for the Tribe, and it may end up costing land in trust because the 21.5 percent revenue is too rich. The Tribe today answered that question.They said it was a very fair agreement for them and the state. There are benefits that are part of the agreement for the Tribe, one being recognition of their rights to land by the state.

“Now we just have to wait and see what happens with the Department of Interior, to allow for a reasonable period of time to see if this land into trust provision can in fact be accomplished.”

— Content from the Associated Press was used to write this report.

Contact Marc Larocque at mlarocque@tauntongazette.com.

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